Just In: Interesting Ruling On CBC By Judges Hedwiq Ong’udi, Antony Ndung’u And Antony Mrima!

Just In: Interesting Ruling On CBC By Judges Hedwiq Ong’udi, Antony Ndung’u And Antony Mrima!

It is really interesting that the the three judges handling the CBC case have refused to terminate it. This is on the grounds that the Competence Based Curriculum suit as it is, raises matters of great public interest.

Judges Hedwiq Ong’udi, Antony Ndung’u and Antony Mrima observed that the suit will determine the well-being and future of the Kenyan Child.

As presented, the Court noted that the petition challenges the originality/ authenticity of the CBC Education System, which the petitioner claims is burdensome to both students and parents. The trio ruled that, ” The suit raises constitutional issues, which should be synthesised, articulated, digested and adjudicated before a determination is rendered”

The bench further noted that the suit raises serious issues that touch on the core of the education system. The first petitioner, Ms Esther Ang’awa, a parent and an advocate of the high court said that the government did not seek public input before folding up the 8-4-4 system. She continued to point out that despite the teachers being the implementers of the new Curriculum, they had been fully side-lined!

Following this development, Ms Ang’awa told the court that she has lost interest in the case and sort to have her lawyer, Mr Havi,  inherit it. This is on the background of the CS Professor Magoha advising the court to dismiss the petition.

The Cabinet Secretary, Professor Magoha, through Senior Council Phillip Murgor, said the new Curriculum has taken off and should not be hindred. Mr Murgor urged the three judges to dismiss the suit as the aggrieved parent, Ms Ang’awa, had lost interest in the case. He continued opposing Ms Ang’awa’s replacement, Mr Havi.

It should be noted that the Curriculum was rolled out six years ago. The pioneer class, grade six, learners are transitioning to Junior Secondary in January 2023 after sitting for the national Examination (KPSEA). Speaking on Madaraka Day, President Uhuru said nothing will stop its implementation. He affirmed that the government is preparing to roll out Junior Secondary School next year (2023) January.

Declining to proceed with the case, Ms Ang’awa claimed that since she filed the suit last year, the state and other related government agancies had negatively profiled her. Mr Havi noted that,” Esther Ang’awa has informd me that she is  not interested in the pursuit of the petition for the reason that she has been negatively profiled by the state and governmental agancies and that the continuation of the petition in her name has and will prejudice her and the education of her child”

“In view of the above, I verily believe that it is just and proper that Esther Ang’awa be substituted with myself as the petitioner in order that I may continue with the petition in my name, in terms of my undertaking to the members of the public affected by the subject matter therein”, Mr Havi observes.

Ms Ang’awa named Professor Magoha, the Kenya Institute of Curriculum Development (KICD), the Kenya National Examination Council (KNEC), the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET), the National Assembly and Interior CS Fred Matiang’i as respondents. Others listed as interested parties are Kenya Private Schools Association, the Kenya Primary Schools Heads Association, and the Kenya National Parents Association.

Mr. Havi said ,” The actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition”